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Cannabis Administration and Opportunity Act’’ GAI21675 4LN DISCUSSION DRAFT S.L.C. 117TH CONGRESS 1ST SESSION S. ll To decriminalize and deschedule cannabis, to provide for reinvestment in certain persons adversely impacted by the War on Drugs, to provide for expungement of certain cannabis offenses, and for other purposes. IN THE SENATE OF THE UNITED STATES llllllllll Mr. BOOKER (for himself, Mr. WYDEN, and Mr. SCHUMER) introduced the fol- lowing bill; which was read twice and referred to the Committee on llllllllll A BILL To decriminalize and deschedule cannabis, to provide for reinvestment in certain persons adversely impacted by the War on Drugs, to provide for expungement of certain cannabis offenses, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 4 (a) SHORT TITLE.—This Act may be cited as the 5 ‘‘Cannabis Administration and Opportunity Act’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: Sec. 1. Short title; table of contents. GAI21675 4LN DISCUSSION DRAFT S.L.C. 2 Sec. 2. Findings. Sec. 3. Definitions. TITLE I—DECRIMINALIZATION OF CANNABIS, PUBLIC SAFETY, AND STATES’ RIGHTS Subtitle A—Decriminalization of Cannabis Sec. 101. Decriminalization of cannabis. Sec. 102. Transferring agency functions with regard to cannabis. Subtitle B—Public Safety and States’ Rights Sec. 111. States’ rights. Sec. 112. Diversion of cannabis. Sec. 113. Additional and cumulative remedies. TITLE II—RESEARCH, TRAINING, AND PREVENTION Sec. 201. Societal impact of cannabis legalization study. Sec. 202. Public health research. Sec. 203. Cannabis-related highway safety research. Sec. 204. Grant programs to prevent impaired driving due to cannabis use. TITLE III—RESTORATIVE JUSTICE AND OPPORTUNITY Subtitle A—Opportunity Trust Fund Programs Sec. 301. Opportunity trust fund programs. Sec. 302. Comprehensive opioid, stimulant, and substance use disorder pro- gram. Sec. 303. Availability of small business administration programs and services to cannabis-related legitimate businesses and service providers. Sec. 304. Demographic data of cannabis business owners and employees. Subtitle B—Restorative Justice Sec. 311. Resentencing and expungement. Sec. 312. No discrimination in the provision of a federal public benefit on the basis of cannabis. Sec. 313. No adverse effect for purposes of the immigration laws. Sec. 314. Provision by health care providers of the Department of Veterans Af- fairs of recommendations and opinions regarding veteran par- ticipation in State cannabis programs. Sec. 315. Provision by health care providers of Indian health programs of rec- ommendations and opinions regarding participation in State cannabis programs. TITLE IV—TAXATION AND ESTABLISHMENT OF TRUST FUND Sec. 401. Creation of Opportunity Trust Fund and imposition of taxes with re- spect to cannabis products. TITLE V—PUBLIC HEALTH, CANNABIS ADMINISTRATION, AND TRADE PRACTICES Subtitle A—Public Health Sec. 501. FDA regulation of cannabis. GAI21675 4LN DISCUSSION DRAFT S.L.C. 3 Sec. 502. Amendments to the Federal Food, Drug, and Cosmetic Act. Sec. 503. Expedited review. Sec. 504. Research on cannabis. Sec. 505. Regulation of cannabidiol. Sec. 506. Amendment to the Poison Prevention Packaging Act. Subtitle B—Federal Cannabis Administration Sec. 511. Federal cannabis administration. Sec. 512. Increased funding for the Alcohol, Tobacco, and Cannabis Tax and Trade Bureau. TITLE VI—MISCELLANEOUS Sec. 601. Comptroller General review of laws and regulations. Sec. 602. Severability. 1 SEC. 2. FINDINGS. 2 The Congress finds as follows: 3 (1) The communities that have been most 4 harmed by cannabis prohibition are benefitting the 5 least from the legal marijuana marketplace. 6 (2) A legacy of racial and ethnic injustices, 7 compounded by the disproportionate collateral con- 8 sequences of 80 years of cannabis prohibition en- 9 forcement, now limits participation in the industry. 10 (3) 37 States, the District of Columbia, Puerto 11 Rico, Guam, and the U.S. Virgin Islands have 12 adopted laws allowing legal access to cannabis, and 13 18 States, the District of Columbia, the Common- 14 wealth of the Northern Mariana Islands, and Guam 15 have adopted laws legalizing cannabis for adult rec- 16 reational use. GAI21675 4LN DISCUSSION DRAFT S.L.C. 4 1 (4) A total of 49 States have reformed their 2 laws pertaining to cannabis despite the Schedule I 3 status of marijuana and its Federal criminalization. 4 (5) Legal cannabis businesses support more 5 than 321,000 jobs throughout the United States. 6 (6) Legal cannabis sales totaled 7 $20,000,000,000 in 2020 and are projected to reach 8 $40,500,000,000 by 2025. 9 (7) According to the American Civil Liberties 10 Union (ACLU), enforcing cannabis prohibition laws 11 costs taxpayers approximately $3,600,000,000 a 12 year. 13 (8) The continued enforcement of cannabis pro- 14 hibition laws results in over 600,000 arrests annu- 15 ally, disproportionately impacting people of color 16 who are almost 4 times more likely to be arrested 17 for cannabis possession than their White counter- 18 parts, despite equal rates of use across populations. 19 (9) People of color have been historically tar- 20 geted by discriminatory sentencing practices result- 21 ing in Black men receiving drug sentences that are 22 13.1 percent longer than sentences imposed for 23 White men and Latinos being nearly 6.5 times more 24 likely to receive a Federal sentence for cannabis pos- 25 session than non-Hispanic Whites. GAI21675 4LN DISCUSSION DRAFT S.L.C. 5 1 (10) In 2013, simple cannabis possession was 2 the fourth most common cause of deportation for 3 any offense and the most common cause of deporta- 4 tion for drug law violations. 5 (11) Fewer than one-fifth of cannabis business 6 owners identify as minorities and only approximately 7 2 percent are black. 8 (12) Applicants for cannabis licenses are lim- 9 ited by numerous laws, regulations, and exorbitant 10 permit applications, licensing fees, and costs in these 11 States, which can require more than $700,000. 12 (13) Historically disproportionate arrest and 13 conviction rates make it particularly difficult for 14 people of color to enter the legal cannabis market- 15 place, as most States bar these individuals from par- 16 ticipating. 17 (14) Federal law severely limits access to loans 18 and capital for cannabis businesses, disproportion- 19 ately impacting minority small business owners. 20 (15) Some States and municipalities have taken 21 proactive steps to mitigate inequalities in the legal 22 cannabis marketplace and ensure equal participation 23 in the industry. 24 SEC. 3. DEFINITIONS. 25 For purposes of this Act— GAI21675 4LN DISCUSSION DRAFT S.L.C. 6 1 (1) CANNABIS.—The term ‘‘cannabis’’ has the 2 same meaning given such term in subsection (ss) of 3 section 201 of the Federal Food, Drug, and Cos- 4 metic Act (21 U.S.C. 321) (as added by section 502 5 of this Act). 6 (2) CANNABIS OFFENSE.—The term ‘‘cannabis 7 offense’’ means a criminal offense related to can- 8 nabis— 9 (A) that, under Federal law, is no longer 10 punishable pursuant to this Act or the amend- 11 ments made under this Act; or 12 (B) that, under State law, is no longer an 13 offense or that was designated a lesser offense 14 or for which the penalty was reduced under 15 State law pursuant to or following the adoption 16 of a State law authorizing the sale or use of 17 cannabis. 18 TITLE I—DECRIMINALIZATION 19 OF CANNABIS, PUBLIC SAFE- 20 TY, AND STATES’ RIGHTS 21 Subtitle A—Decriminalization of 22 Cannabis 23 SEC. 101. DECRIMINALIZATION OF CANNABIS. 24 (a) CANNABIS REMOVED FROM SCHEDULE OF CON- 25 TROLLED SUBSTANCES.— GAI21675 4LN DISCUSSION DRAFT S.L.C. 7 1 (1) REMOVAL IN STATUTE.—Subsection (c) of 2 schedule I of section 202(c) of the Controlled Sub- 3 stances Act (21 U.S.C. 812) is amended— 4 (A) by striking ‘‘(10) Marihuana.’’; and 5 (B) by striking ‘‘(17) 6 Tetrahydrocannabinols, except for 7 tetrahydrocannabinols in hemp (as defined in 8 section 297A of the Agricultural Marketing Act 9 of 1946).’’. 10 (2) REMOVAL FROM SCHEDULE.—Not later 11 than 180 days after the date of the enactment of 12 this Act, the Attorney General shall finalize a rule- 13 making under section 201(a)(2) of the Controlled 14 Substances Act (21 U.S.C. 811(a)(2)) removing 15 marihuana and tetrahydrocannabinols from the 16 schedules of controlled substances. For the purposes 17 of the Controlled Substances Act, marihuana and 18 tetrahydrocannabinols shall each be deemed to be a 19 drug or other substance that does not meet the re- 20 quirements for inclusion in any schedule. A rule- 21 making under this paragraph shall be considered to 22 have taken effect as of the date of enactment of this 23 Act for purposes of any offense committed, case 24 pending, conviction entered, and, in the case of a ju- 25 venile, any offense committed, case pending, and ad- GAI21675 4LN DISCUSSION DRAFT S.L.C. 8 1 judication of juvenile delinquency entered before, on, 2 or after the date of enactment of this Act. 3 (b) CONFORMING AMENDMENTS TO CONTROLLED 4 SUBSTANCES ACT.—The Controlled Substances Act (21 5 U.S.C. 801 et seq.) is amended— 6 (1) in section 102 (21 U.S.C. 802)— 7 (A) by striking paragraph (16); and 8 (B) in paragraph (44), by striking ‘‘mari- 9 huana,’’; 10 (2) in section 401(b) (21 U.S.C. 841(b))— 11 (A) in paragraph (1)— 12 (i) in subparagraph (A)— 13 (I) in clause (vi), by inserting 14 ‘‘or’’ after the semicolon; 15 (II) by striking clause (vii); and 16 (III) by redesignating clause 17 (viii) as clause (vii); 18 (ii) in subparagraph (B)— 19 (I) in clause (vi), by inserting 20 ‘‘or’’ after the semicolon; 21 (II) by striking clause (vii); and 22 (III) by redesignating clause 23 (viii) as clause (vii); 24 (iii) in subparagraph (C), in the first 25 sentence, by striking ‘‘subparagraphs (A), GAI21675 4LN DISCUSSION DRAFT S.L.C.
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